TO
BE PUBLISHED IN THE GAZETTE OF INDIA, EXTRAORDINARY, PART II, SECTION 3,
SUB-SECTION (i)]
Government
of India
Ministry of Finance
Department of Revenue
Notification
No. 33 /2017-Customs (ADD)
New Delhi, the
30th June, 2017
G.S.R. (E).-Whereas,
the designated authority vide notification No.15/28/2014-DGAD, dated the 21st
July, 2015, published in the Gazette of India, Extraordinary, Part I, Section
1, dated the 21st July, 2015, had initiated mid-term review investigation in terms
of sub-section (5) of section 9A of the Customs Tariff Act, 1975 (51 of 1975)
(hereinafter referred to as the Customs Tariff Act), read with rule 23 of the
Customs Tariff (Identification, Assessment and Collection of Anti-dumping Duty
on Dumped Articles and for Determination of Injury) Rules, 1995 (hereinafter
referred to as the Anti-dumping Rules) in the matter of continuation of
anti-dumping duty on imports of Soda Ash (hereinafter referred to as the
subject goods), falling under sub-heading 2836 20 of the First Schedule to the
Customs Tariff Act, originating in, or exported from, People’s Republic of
China, European Union, Kenya, Pakistan, Iran, Ukraine and United States of
America (hereinafter referred to as the subject countries), imposed vide notification
of the Government of India, in the Ministry of Finance (Department of Revenue)
No.34/2012-Customs (ADD), dated the 3rd July, 2012, published in the Gazette of
India, Extraordinary, Part II, Section 3, Sub-section (i) vide number
G.S.R.528(E), dated the 3 rd July, 2012;
And, whereas, the
designated authority, in its final findings in mid-term review (hereinafter
referred to as the final findings) vide notification No.15/28/2014-DGAD, dated
the 23rd September, 2016, published in the Gazette of India, Extraordinary,
Part I, Section 1, dated the 23rd September, 2016, has come to the conclusion
that-
(i)
although dumping has continued despite
the anti-dumping duties in force and the dumping of subject goods from the
subject countries is positive during the Period of Investigation (hereinafter
referred to as POI), the adverse impact of the same on the volume, prices and
profitability of the domestic industry is absent during the POI as well as
post-POI;
(ii)
both undercutting and underselling are
negative during POI as well as post-POI;
(iii)
the injury margin is negative during POI
as well as post-POI;
(iv)
the likely injury margin, on the basis
prices of third country exports by the subject countries during the POI are
also negative;
(v)
price suppression and price depression
effects are absent;
(vi)
all most all volume parameters and price
parameters of the domestic industry are positive during POI and post-POI and
there is a remarkable improvement of lasting nature in the performance of the
domestic industry;
(vii)
although dumping continues, neither it
has caused injury to the domestic industry, nor is there any likelihood of
causing injury in the event of revocation of the anti-dumping duties,
and had recommended
revocation of the anti-dumping duties imposed on the imports of the subject
goods, originating in or exported from the subject countries;
And whereas, the said
final findings dated the 23rd September, 2016 were challenged in the Hon’ble
High Court of Gujarat in Special Civil Applications No.16426 of 2016 and 16428
of 2016 and the High Court vide it’s order dated the 13th December, 2016 had
held that in case, pursuant to the impugned final findings recorded by the
designated authority, the Central Government published a notification in the
Official Gazette under rule 18 of the Anti-dumping Rules, the same shall not be
acted upon till the final disposal of these petitions.
And whereas, the
Central Government had rescinded the notification of the Government of India,
in the Ministry of Finance (Department of Revenue), No.34/2012-Customs (ADD),
dated the 3rd July, 2012, published in the Gazette of India, Extraordinary,
Part II, Section 3, Sub-section (i) vide number G.S.R. 528(E), dated the 3rd
July, 2012, vide rescinding notification No.55/2016-Customs (ADD), dated 21st December
2016 and the operation of the said rescinding notification was kept in abeyance
subject to the final order of the Hon’ble Court of Gujarat in Special Civil
Applications No. 16426 of 2016 and 16428 of 2016.
Whereas, the designated
authority vide notification No.7/5/2017-DGAD dated the 16th June, 2017,
published in the Gazette of India, Extraordinary, Part I, Section 1 dated the
16th June, 2017, has initiated review in terms of sub-section (5) of section 9A
of the Customs Tariff Act and in pursuance of rule 23 of the Anti-dumping
Rules, in the matter of continuation of anti-dumping duty on imports of the
subject goods originating in, or exported from, the subject countries imposed
vide the notification of the Government of India, in the Ministry of Finance
(Department of Revenue) No.34/2012-Customs (ADD), dated the 3rd July, 2012,
published in the Gazette of India, Extraordinary, Part II, Section 3,
Sub-section (i) vide number G.S.R.528(E), dated the 3rd July, 2012, and has
recommended for extension of antidumping duty, in terms of sub-section (5) of
section 9A of the said Customs Tariff Act;
Now, therefore in
exercise of the powers conferred by sub-section (1) and sub-section (5) of
section 9A of the Customs Tariff Act read with rules 18 and 23 of the
Anti-dumping Rules, the Central Government hereby makes the following amendment
in the notification of the Government of India, in the Ministry of Finance
(Department of Revenue), No. 34/2012-Customs (ADD), dated the 3rd July, 2012,
published in the Gazette of India, Extraordinary, Part II, section 3,
sub-section (i) vide number G.S.R. 528 (E), dated the 3 rd July, 2012, namely:
-
In the said
notification, in paragraph 2 and before the explanation, the following shall be
added, namely:-
3. “Subject to the
final decision of the Hon’ble High court of Gujarat in Special Civil
Applications No.16426 of 2016 and 16428 of 2016, this notification, unless
revoked earlier, shall remain in force up to and inclusive of the 2nd July,
2018”.
[F.No.354/198/2011–TRU
(Pt.-1)]
(Ruchi Bisht)
Under Secretary to the Government of India
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